Jianzhong Ma v. Sessions
707 F. App'x 41
| 2d Cir. | 2017Background
- Ma seeks asylum, withholding, and CAT relief; review of BIA and IJ decisions; BIA affirmed IJ March 10, 2015 decision May 26, 2016; Ma provided fraudulent documents to obtain a U.S. visa; agency found material inconsistencies, including church-name translation and admission of fraud; Ma did not allege past religious persecution or political opinion, which undermined credibility; country conditions show regional variation and no proven pattern of persecution of Christians in his province; petition denied and stay of removal vacated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credibility as dispositive for relief | Ma argues translation issues undermined credibility | Sessions argues inconsistency supported by evidence and admission of fraud | Adverse credibility supported; relief denied. |
| Well-founded fear of persecution | Ma contends fear is objectively reasonable | Ma failed to show singled-out persecution or regional pattern | No well-founded fear; relief denied. |
Key Cases Cited
- Majidi v. Gonzales, 430 F.3d 77 (2d Cir. 2005) (need for more than plausible explanation to warrant relief)
- INS v. Phinpathya, 464 U.S. 183 (U.S. 1984) (assertions in brief are not evidence)
- Siewe v. Gonzales, 480 F.3d 160 (2d Cir. 2007) (single false document can infect credibility)
- Xiu Xia Lin v. Mukasey, 534 F.3d 162 (2d Cir. 2008) (adverse credibility based on totality of circumstances)
- Xian Tuan Ye v. Dep’t of Homeland Sec., 446 F.3d 289 (2d Cir. 2006) (material inconsistencies support adverse credibility)
- Ramsameachire v. Ashcroft, 357 F.3d 169 (2d Cir. 2004) (persecution patterns not proven; country conditions vary)
- Paul v. Gonzales, 444 F.3d 148 (2d Cir. 2006) (credibility and corroboration impact on relief)